Delegate Bob Marshall has asked Virginia Attorney General Ken Cuccinelli (and the Republican Gubernatorial Candidate-in-Waiting) for a legal opinion on the massive tax increase bill pushed by Bob McDonnell and masquerading as a Transportation Bill (43% goes to grow government) as well as McDonnell’s plan to advance ObamaCare in the Commonwealth.

BOTH ARE UNCONSTITUTIONAL according to Virginia’s top lawyer.

Bob McDonnell is up against the clock and must either sign the bills into law, amend the bills, or veto them.

The “Transportation” bill was put together with so many deals with the devil that any amendments are likely to see the Democrat votes fall off. And the public outcry against the largest tax increase in the history of the Commonwealth (outside of the sales tax half a century ago) has been so great that many of the 42 Republicans that voted for it are now wishing they had not. This most likely includes the chief cheer-girl McDonnell himself, who has been bombarded with emails, calls and faxes about this horror.

The good news for McDonnell is that he now has a face-saving out. He can veto this bill and try to restore the trust of Conservatives whom he betrayed by breaking his campaign promise by increasing taxes in the first place.

There is no doubt that these bills are headed for both a long, expensive journey through the courts and the eventual finding of unconstitutional by the state Supreme Court, which would be a huge embarassment for the 42 Republicans who voted for the bill as well as the Governor and Lt. Governor (who cheered the bill on as well).

So McDonnell is faced with a big problem. And a total veto may be the best solution for everyone. And we urge the Governor to VETO the Unconstitutional bills.

Below is the email from Delegate Marshall including the opinion of AG Cuccinelli.

Dear Friends,

We’ve had a great victory for taxpayers! I have two press releases below. Please spread the word to your fellow citizens, friends and co-workers.

Manassas, VA – Delegate Robert G. “Bob” Marshall (R-13) received the attached opinion in response to his request for an opinion with regard to the constitutionality of the General Assembly’s designation of a “Medicaid Innovation & Reform Commission” to allow for the expansion of Medicaid when the Commission determined that a number of proposed Medicaid reforms had been satisfactorily fulfilled. Delegate Marshall questioned whether the General Assembly could delegate this authority to a smaller group of mainly legislators.

Attorney General Ken Cuccinelli determined in his opinion today that the General Assembly does not have the authority to delegate its legislative authority to a smaller committee.

“I am pleased with this opinion and hope that the Governor will act appropriately to remove this unconstitutional piece of maneuvering from the budget before it comes back to the General Assembly,” said Marshall. “Medicaid needs serious reform before we can even begin to consider expansion and the decision about when those reforms are sufficient can and should only be determined by the General Assembly as a whole.”

“I congratulate the Attorney General for his correct reading of the Virginia Constitution and appropriate case law at a time when many were urging him to dodge this question or issue a politically expedient opinion so as to avoid controversy in his gubernatorial campaign. I congratulate him for standing up for the Constitution and the people of Virginia.”

Manassas, VA – Delegate Robert G. “Bob” Marshall (R-13) received an opinion from Attorney General Ken Cuccinelli in response to his request for an opinion with regard to the constitutionality of the additional and higher taxes imposed on Northern Virginia and Tidewater as part of HB 2313 which is awaiting Governor Bob McDonnell’s signature. Delegate Marshall questioned whether the “special” taxes were in violation of the uniformity laws in Title X of the Constitution, whether they violated the prohibition to enact local law in Title IV and if not would the requirements of Title VII apply that require local legislation to receive a 2/3 vote of the General Assembly.

It is the Attorney General’s opinion that Title X does not apply because none of the taxes are directly taxes on property but that Title IV DOES apply because the laws single out portions of the Commonwealth without regard to similarities and differences between these areas and others around the state but base the implementation of these additional taxes purely on geography. This means that the portions of HB 2313 adding additional and higher taxes are unconstitutional.

“I am thrilled with the Attorney General’s opinion with regard to the unconstitutional taxes in HB 2313,” said Marshall. “Isolating Northern Virginia and Tidewater residents to place an additional tax burden on those citizens who already pay more to Richmond in taxes than they get back is unconscionable. Without the higher and additional regional taxes HB 2313 cannot be a functional solution to Virginia’s transportation problems. I hope that the Governor will seriously consider vetoing this legislation or finding a way to start from scratch to find an equitable way to pay for transportation without raising taxes.”

“I congratulate the Attorney General for his correct reading of the Virginia Constitution and appropriate case law at a time when many were urging him to dodge this question or issue a politically expedient opinion so as to avoid controversy in his gubernatorial campaign. I congratulate him for standing up for the Constitution and the people of Virginia.”

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog.
Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

Bob Marshall’s vast lack of knowledge of the Separation of Powers is readily given by headlining him email with the phrase “Attorney General Rules.” The Attorney General does not “rule” on anything – he may from time to time issue opinions on legal matters.